Conflict Avoidance, Management & Dispute Resolution Procedures Flashcards
What are some forms of disupte resolution
- Alternative Dispute Resolution
- Arbitration
- Independent expert
- Mediation
- PACT
How can you avoid conflicts?
- clear drafting of leases or associated documents
- adopting proactive conflict avoidance risk analysis
- manage all party expectations and understand objectives
- careful negotiations
- good record keeping
What are dispute resolutions a form of?
Conflict Management
What is the basic form of dispute resolution?
Negotiation
psrties egotiate an outcome
Which resolution process is the most intense?
Litigation
* Formal legal provess which uses the legal system to resolve a dispute
What are the advantages of Alternative Dispute Resolution (ADR)
- Speed - quicker than court proceedings
- Informality - outside a court
- Cost - less money on professional fees
- Greater room for negotiation
- Quality - outcome is made by a surveyor not judge
- Confidentiality
How do you determine which form of dispute resolution to adopt?
Many recent leases will have a clause which specifies how disputes are dealt with.
What statute does Arbitration refer to?
The Arbitration Act 1996
How does arbitration work?
- An award is produced to bind the parties
- An arbitratior has specialist knowlegde - if RICS appointed then highly trained
- Proceedings are written representations, arbitratior can order a hearing
- Arbitrator can award costs
- Arbitrators cannot be sued for negligence
What are the 3 grounds for appeal in Arbitration?
- Jurisdiction
- Point of Law
- Serious Irregularity
What are the benefits of Arbitration?
- Fast
- Cost effective
- Confidential
When is Arbitration commonly used?
Commercial property or rurual property rent reviews
Who can appoint an Independent Expert?
The agreement of the parties (possibly recorded in the contract/lease)
What does an Independent Expert do?
They have a duty to make their own investigations and use their knowledge and experience to make a decision
- they often invite written represnetations from the parties
Benefits to Independent Expert
- cost effective
- fast
- confidential